Pakistan Institute of Legislative Development And Transparency | PILDAT (original) (raw)

Update on The Performance of Democratic Institutions | October 2024

Ahmed Bilal Mehboob - November 8, 2024

This update is meant to identify key developments during the month on Performance of Democratic Institutions in Pakistan with selected high-profile international developments included occasionally. Passage of the 26th Constitutional Amendment and New CJP Pakistan ranks third-worst among 142 countries in terms of law and order: WJP Bushra Bibi granted bail in Toshakhana case US Lawmakers request US President pressurize Pakistan to release Imran Khan Saudi delegation visits Pakistan through SIFC Prime Minister’s Interactions with COAS Speaker National Assembly meets Foreign Dignitaries Senate Chairman meets Foreign Dignitaries Interactions of COAS with Foreign Dignitaries Passage of the 26th Constitutional Amendment and New CJP What is the 26th Constitutional Amendment? - Pakistan - DAWN.COM

After a long process of negotiations between the government, its coalition partners, allies and opposition parties, the 26th Amendment was finally passed by the Parliament with the required two-thirds majority on October 22 and received Presidential assent shortly thereafter. [1] Even though the PTI had been taken into confidence on the changes in finalising the amendment and the PTI chairman Barrister Gohar Khan had publicly announced near consensus with the JUIP on finalised package of changes, the party chose to not vote on the amendment and instead staged a walkout from the Parliamentary sessions.

The 26th Amendment has amended, substituted, or added 25 articles and one schedule of the Constitution out of which only nine (9) articles deal with subjects other than the judiciary. Three (3) of the amended articles deal with religious provisions. Key amendments include change in appointment of the Supreme Court CJ through a 12-member parliamentary committee to choose from three (3) most senior judges, change in tenure of CJP to three years or the retirement age of the CJP at the age of 65 (whichever occurs first), constitution of constitutional benches in the Supreme Court by the Judicial Commission and, subject to the approval of the respective provincial assemblies, in the High Courts; reconstitution of the 13-member Judicial Commission after merging the erstwhile parliamentary committee in it; annual performance evaluation of high court judges by the Judicial Commission; provision for a secretariat headed by a secretary for the commission; and lowering the minimum age to qualify for becoming a high court judge from 45 to 40 years.[2]

Apart from JUIP support, the amendment also received votes from four (4) independent Senators, three from the ANP, three from the MQM-P, and one senator each from the PML and the National Party. Two Senators from the BNP also supported the amendment in violation of thec direction by the party. According to Mr. Omar Ayub Khan, the PTI reportedly lost contact with 11 of its lawmakers, including 2 senators and 9 MNAs and later issued show cause notices to these MPs. The BNP-M chief Mr. Akhtar Mengal also instructed the party’s two senators, Ms. Naseema Ehsan and Senator Mr. Qasim Ronjho, to resign immediately after they voted in favour of the 26th Amendments in the Senate.[3] Later on October 30, Mr. Fazl ur Rehman also accused the government of “purchasing” 11 votes to ensure the passage of the amendment. [4] On October 22, National Assembly Speaker, Sardar Ayaz Sadiq, MNA ordered an investigation into the claims by Opposition Leader, Mr. Omar Ayub Khan, MNA that intelligence agency personnel, disguised as NA security staff, were present in the National Assembly during discussions on the 26th Constitutional Amendment bill. He claimed that these personnel escorted abducted PTI members to ensure they voted in favour of the constitutional amendment. [5]

Earlier on October 3, the Supreme Court of Pakistan released a significant verdict authored by CJP Qazi Faez Isa which overturned a previous judgment on Article 63A.[6] The earlier SC verdict had declared that votes cast contrary to the parliamentary party guidelines in four instances outlined in Article 63-A should not be counted. The SC verdict of October 3 overturned the earlier verdict and stated that the votes of MPs who vote against party policy will be counted. While righting the previous wrong was largely welcomed, its timing was questioned as it provided major relief to the government in its attempts to garner required support to amend the Constitution.[7]

On October 22, the Parliamentary Committee constituted after the amendment [8] agreed on the appointment of Justice Yahya Afridi as the next Chief Justice of Pakistan by the required two-thirds majority.[9] The Sunni Ittehad Council (SIC), backed by the PTI, boycotted the proceedings.

On October 26, Justice Yahya Afridi was sworn in as the 30th CJP by President Asif Ali Zardari. As his first action, CJP Afridi reconstituted the three-judge committee on Supreme Court Practices and Procedures, including himself as the CJP, senior puisne judge Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.[10]

On October 25, a full court reference was held to bid farewell to outgoing CJP Justice Qazi Faez Isa. Conspicuous by their absence in the full court were Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Ayesha Malik, Justice Athar Minallah and Justice Malik Shahzad Ahmad Khan. [11]

A letter written by Justice Syed Mansoor Ali Shah also became public in which he explained that he did not become part of the bench hearing a tax matter because of the ordinance that changed rules regarding the bench-formation committee. In a scathing remark, Justice Shah also criticised CJP Faez Isa saying that in his role, the outgoing CJP led the judiciary and the country to chaos and allegedly failed to defend the judiciary from external pressures. [12] He wrote that celebrating Justice Isa's tenure might send the wrong message, suggesting that judicial leaders could act against the judiciary's interests yet still receive ceremonial recognition. He asserted that this would undermine the judiciary’s role as an institution meant to uphold justice.[13]

On October 22, CJP Qazi Faez Isa had issued a dissenting note in the reserved seats case deeming recent clarifications by the majority judges as “of no legal effect,” claiming they were unnecessary and without statutory support.[14] He had earlier raised concerns also over the clarification issued by eight (8) SC judges.[15] Speaker National Assembly has maintained he would not act on the Supreme Court's majority order concerning the reserved seats for the PTI in the National Assembly adding that he awaited the ECP decision before taking any action.[16] A contempt petition in this regard has been moved by the PTI in the SC.[17]

Pakistan ranks third-worst among 142 countries in terms of law and order: WJP

This screengrab shows Pakistan’s ranking for “Order and Security” category on World Justice Project (WJP) Rule of Law Index, as of Oct 26, 2024. — World Justice Project

On October 25, findings from the World Justice Project's (WJP) 2024 Rule of Law Index revealed that Pakistan ranked 140th out of 142 countries globally in terms of law and order, making it the third-worst country, only above Mali and Nigeria. Globally, the rule of law has declined for the seventh year in a row. Pakistan ranked 103rd for constraints on government powers, 120th for corruption, 106 for open government, 125th for fundamental rights, 127th for regulatory enforcement, 128th for civil justice and 98th for criminal justice. Among the six South Asian states, Pakistan and Afghanistan are at the bottom of the index among South Asian countries.[18]

Bushra Bibi granted bail in Toshakhana case

[caption id="attachment_26625" align="alignnone" width="1080"]Bushra Bibi secures bail in New Toshakhana case Ms. Bushra Bibi Spouse of former PM Imran Khan[/caption]

On October 24, Ms. Bushra Bibi, spouse of former PM Imran Khan was released from Adiala prison after being granted bail in the Toshakhana case by the IHC. Her release followed nearly nine (9) months of incarceration since her arrest on January 31, 2024 related to multiple Toshakhana case convictions.

The IHC granted her bail in the Toshakhana case involving a Bvlgari jewellery set. She posted surety bonds worth Rs. 2 million. Upon her release, she returned to her residence in Banigala and later travelled to Khyber Pakhtunkhwa where she chose to take up residence at the annexe of CM House.[19]

US Lawmakers write to US President to influence Pakistan Government to release Imran Khan

In letter to PM, MNAs 'hit back' at US Congress' push for Imran's release | Pakistan Today

On October 23, around 60 lawmakers from the US House of Representatives wrote to US President Joe Biden urging him to pressurize Pakistan into releasing former PM Imran Khan. US Lawmakers stated they urged the US President to use the substantial leverage of the US government with Pakistan government to secure the release of political prisoners including former PM Khan and curtail widespread human rights abuses. The letter also made an appeal for US embassy officials to visit Imran Khan in jail. The letter also raised concerns about reported irregularities in Pakistan's 2024 General Election.[20]

On October 31, US Department of State reiterated that allegations of American involvement in the ouster of former PM Imran Khan were false.[21]

In response, on October 31, 160 Pakistani MPs wrote to Pakistan PM complaining of external interference by the US lawmakers into Pakistan’s internal matters describing the US lawmakers’ stance as a “skewed view of realities.” With signatories including top leaders of major political parties, the letter highlighted unfairly amplifying the political narrative of a single party at the expense of Pakistan’s state institutions and other political groups.[22]

Saudi delegation visits Pakistan through SIFC

On October 11, a high-level Saudi delegation concluded its visit with the Pak-Saudi Ministerial Roundtable which was attended by H.E. Khalid Al-Falih, Saudi Minister for Investment, alongside senior Saudi officials. The roundtable was organised by the Special Investment Facilitation Council (SIFC). [23]

Prime Minister’s Interactions with COAS

[caption id="attachment_26640" align="aligncenter" width="1280"] Mian Muhammad Shehbaz Sharif Prime Minister, Islamic Republic of Pakistan[/caption]

Prime Minister Muhammad Shehbaz Sharif and Chief of Army Staff General Syed Asim Munir met thrice during October 2024:

  1. On October 13, Prime Minister and Chief of Army Staff met at the PM Office, Islamabad. [24]
  2. On October 14, Prime Minister and Chief of Army Staff met during the visit of Chinese Premier Li Qiang visit to PM House, Islamabad. [25]
  3. On October 26, Prime Minister and Chief of Army Staff met during the Oath Taking Ceremony of new CJP Justice Yahya Afridi at the President House, Islamabad. [26]

Speaker National Assembly meets Foreign Dignitaries

[caption id="attachment_26639" align="aligncenter" width="1280"] Sardar Ayaz Sadiq, MNA Speaker, National Assembly of Pakistan[/caption]

  1. On October 01, Dr. Zakir Naik called on Sardar Ayaz Sadiq, MNA, Speaker, National Assembly at the Parliament House, Islamabad.[27]
  2. On October 03, Ambassador of Egypt to Pakistan, HE Dr. Ihab AbdelHamid Hassan called on Sardar Ayaz Sadiq, MNA, Speaker, National Assembly at the Parliament House, Islamabad.[28]
  3. On October 15, Chinese Premier Li Qiang met with Sardar Ayaz Sadiq, MNA, Speaker, National Assembly in Islamabad.[29]
  4. On October 22, British Member of Parliament Mr. Mohammad Yasin called on Sardar Ayaz Sadiq, MNA, Speaker, National Assembly at the Parliament House, Islamabad.[30]
  5. On October 28, Russia's Federation Council Speaker Ms. Valentina Matvienko called on Sardar Ayaz Sadiq, MNA, Speaker, National Assembly at the Parliament House, Islamabad.[31]

Chairman Senate meets Foreign Dignitaries

[caption id="attachment_26638" align="aligncenter" width="1280"] Senator Syed Yusuf Raza Gilani Chairman, Senate of Pakistan[/caption]

  1. On October 08, Ambassador of Republic of Azerbaijan to Pakistan, HE Mr. Khazar Farhadov, called on Chairman Senate, Senator Syed Yousaf Raza Gilani at the Parliament House, Islamabad.[32]
  2. On October 15, Chairman Senate Senator Syed Yousaf Raza Gilani met with Chinese Premier Li Qiang at the Parliament House, Islamabad.[33]
  3. On October 27, Dr. Charles S. Yang, Chairman of the UPF International (UN/ECOSOC) and International Association of Parliamentarians for PEACE (IAPP) in Islamabad called on Chairman Senate, Senator Syed Yousaf Raza Gilani at the Parliament House, Islamabad.[34]

Interactions of COAS with Foreign Dignitaries

[caption id="attachment_26631" align="alignnone" width="1082"]COAS pick: Lt Gen Asim Munir — a brief profile General Syed Asim Munir Chief of Army Staff[/caption]

During October 2024, there were five meetings of General Syed Asim Munir, Chief of Army Staff (COAS) with foreign dignitaries.

References

  1. On October 04, Malaysian Prime Minister H.E. Dato' Seri Anwar Ibrahim called on General Syed Asim Munir, NI (M), Chief of Army Staff at the General Headquarters, Rawalpindi.[35]
  2. On October 10, His Excellency Khalid Bin Abdulaziz Al Falih, Minister of Investment, Kingdom of Saudi Arabia, called on General Syed Asim Munir, NI (M), Chief of Army Staff at the General Headquarters, Rawalpindi.[36]
  3. On October 14, Chinese Premier Li Qiang met with General Syed Asim Munir, NI (M), Chief of Army Staff, at the PM House, Islamabad. [37]
  4. On October 15, His Excellency Mr. Roman Golovchenko, Prime Minister of the Republic of Belarus, called on General Syed Asim Munir, NI (M), Chief of Army Staff at the General Headquarters, Rawalpindi. [38]
  5. On October 29, HE Colonel General Alexander V. Fomin, Deputy Minister of Defence of the Russian Federation, called on General Syed Asim Munir, NI (M), Chief of Army Staff, at the General Headquarters, Rawalpindi. [39]
    References
  6. Abdul Rasheed Azad, “President signs 26th Amendment Bill into law,” Business Recorder online, October 22, 2024, accessed November 3, 2024. https://www.brecorder.com/news/40328347/president-signs-26th-amendment-bill-into-law. ↑
  7. Ahmed Bilal Mehboob, “Unpacking the amendment,” Dawn online, October 27, 2024, accessed November 3, 2024. https://www.dawn.com/news/1867912/unpacking-the-amendment. ↑
  8. Saleem Jadoon, “At last! ‘Much-touted’ 26th constitutional amendment bulldozed through Parliament with a two-third majority,” Pakistan Today online, October 21, 2024, accessed October 30, 2024. https://www.pakistantoday.com.pk/2024/10/21/na-session-continues-past-midnight-as-govt-bulldozes-much-touted-26th-constitutional-amendment-through-parliament/. ↑
  9. “Fazl says 'dirty' draft would have passed without JUI-F votes,” The News International online, October 30, 2024, accessed October 31, 2024. https://www.thenews.com.pk/latest/1245455-fazl-says-dirty-draft-would-have-passed-without-jui-f-votes. ↑
  10. Amir Wasim, “NA speaker orders probe into alleged presence of spies,” Dawn online, October 23, 2024, accessed October 26, 2024. https://www.dawn.com/news/1866986/na-speaker-orders-probe-into-alleged-presence-of-spies. ↑
  11. Umer Mehtab, “In major relief to govt, SC strikes down 2022 ruling on defection clause under Article 63-A,” Dawn online, October 3, 2024, accessed November 3, 2024. https://www.dawn.com/news/1862816/in-major-relief-to-govt-sc-strikes-down-2022-ruling-on-defection-clause-under-article-63-a. ↑
  12. “Article 63-A review: Lawyers hail SC verdict, question its timing,” Dawn online, October 3, 2024, accessed November 3, 2024. https://www.dawn.com/news/1862833/article-63-a-review-lawyers-hail-sc-verdict-question-its-timing. ↑
  13. Syed Irfan Raza, “Parliament panel to select top judge for first time today,” Dawn online, ↑
  14. Waqar Satti, “Parliamentary committee picks Justice Yahya Afridi as next CJP amid PTI-SIC boycott,” Dawn online, October 22, 2024, accessed October 26, 2024. https://www.geo.tv/latest/570337-parliamentary-committee-to-meet-again-at-830pm-for-nomination-of-new-cjp. ↑
  15. Nasir Iqbal, “CJP Afridi takes oath, brings back Justice Munib to panel,” Dawn online, October 27, 2024, accessed October 28, 2024. https://www.dawn.com/news/1867903/cjp-afridi-takes-oath-brings-back-justice-munib-to-panel. ↑
  16. Umer Mehtab, “SC holds full court reference to bid farewell to CJP Isa,” Dawn online, October 25, 2024, accessed November 3, 2024. https://www.dawn.com/news/1867556. ↑
  17. Nasir Iqbal, “Policy for fresh benches on anvil: CJP-designate Yahya Afridi,” Dawn online, October 25, 2024, accessed October 25, 2024. https://www.dawn.com/news/1867502/policy-for-fresh-benches-on-anvil-cjp-designate-yahya-afridi. ↑
  18. Nasir Iqbal, “Superseded judge Mansoor Ali Shah has ‘choice words’ for Justice Isa,” Dawn online, October 26, 2024, accessed October 27, 2024. https://www.dawn.com/news/1867660/superseded-judge-mansoor-ali-shah-has-choice-words-for-justice-isa. ↑
  19. Nasir Iqbal, “CJP ‘overrules’ majority opinion in reserved seats case,” Dawn online, October 23, 2024, accessed October 26, 2024. https://www.dawn.com/news/1866985/cjp-overrules-majority-opinion-in-reserved-seats-case. ↑
  20. Nasir Iqbal, “CJP angry over ‘clarification’ on reserved seats order,” Dawn online, October 20, 2024, accessed October 21, 2024. https://www.dawn.com/news/1866365/cjp-angry-over-clarification-on-reserved-seats-order. ↑
  21. “Will not follow court order on reserved seats: NA speaker,” Dawn online, October 28, 2024, accessed October 29, 2024. https://www.dawn.com/news/1867990/will-not-follow-court-order-on-reserved-seats-na-speaker. ↑
  22. Ikram Junaidi | Nasir Iqbal, “PTI decides to join body that will pick judges,” Dawn online, October 29, 2024, accessed October 30, 2024. https://www.dawn.com/news/1868369/pti-decides-to-join-body-that-will-pick-judges. ↑
  23. Amin Ahmed, “Pakistan third-worst country for law and order, security: World Justice Project,” Dawn online, October 26, 2024, accessed October 27, 2024. https://www.dawn.com/news/1867657/pakistan-third-worst-country-for-law-and-order-security-world-justice-project. ↑
  24. Malik Asad | Manzoor Ali, “Bushra freed on bail after nine-month incarceration,” Dawn online, October 25, 2024, accessed October 26, 2024. https://www.dawn.com/news/1867499/bushra-freed-on-bail-after-nine-month-incarceration. ↑
  25. “US lawmakers urge President Biden to pressure Pakistan into releasing Imran Khan,” Express Tribune online, October 24, 2024, accessed October 26, 2024. https://tribune.com.pk/story/2504993/us-lawmakers-urge-president-biden-to-pressure-pakistan-into-releasing-imran-khan. ↑
  26. Wajid Ali Syed, “No US role in Imran’s ouster: State Dept,” The News International online, October 31, 2024, accessed October 31, 2024. https://www.thenews.com.pk/print/1245819-no-us-role-in-imran-s-ouster-state-dept. ↑
  27. Azaz Ayed, “Pakistani MPs rebuke US Congressmen's 'one-sided' view in letter to PM,” The News International online, October 31, 2024, accessed October 31, 2024. https://www.thenews.com.pk/latest/1245883-us-congressmens-letter-over-100-lawmakers-complain-of-external-interference-to-pm. ↑
  28. “Saudi Business Delegation Visited Pakistan Through SIFC,” SIFC online, October 11, 2024, accessed October 31, 2024. https://sifc.gov.pk/event/50. ↑
  29. “Chinese premier meets COAS Munir,” Dunya News online, October 14, 2024, accessed October 17, 2024. https://dunyanews.tv/en/Pakistan/844047-chinese-premier-meets-pakistan-army-chief ↑
  30. “Chinese premier meets COAS Munir,” Dunya News online, October 14, 2024, accessed October 17, 2024. https://dunyanews.tv/en/Pakistan/844047-chinese-premier-meets-pakistan-army-chief. ↑
  31. Nasir Iqbal, “CJP Afridi takes oath, brings back Justice Munib to panel,” Dawn online, October 27, 2024, accessed October 28, 2024. https://www.dawn.com/news/1867903/cjp-afridi-takes-oath-brings-back-justice-munib-to-panel. ↑
  32. “Eminent Religious Scholar Dr. Zakir Naik Calls on Speaker NA - October 1, 2024,” National Assembly online, October 01, 2024, accessed October 15, 2024. https://www.na.gov.pk/en/pressrelease.php?content=101#6321. ↑
  33. “Ambassadors of Egypt & Ethiopia call on Speaker National Assembly - October 3, 2024,” National Assembly online, October 03, 2024, accessed October 15, 2024. https://www.na.gov.pk/en/pressrelease.php?content=101#6331. ↑
  34. “Speaker of the National Assembly Sardar Ayaz Sadiq meets Chinese Premier Li Qiang - October 15, 2024,” National Assembly online, October 15, 2024, accessed October 17, 2024. https://www.na.gov.pk/en/pressrelease.php?content=101#6353. ↑
  35. “British MP Mohammad Yasin Calls on National Assembly Speaker Sardar Ayaz Sadiq, discusses Enhancement of Pakistan-UK Cooperation - October 22, 2024,” National Assembly online, October 22, 2024, accessed October 24, 2024. https://www.na.gov.pk/en/pressrelease.php?content=101#6362. ↑
  36. “Russia's Federation Council Speaker Valentina Matvienko calls on National Assembly Speaker Sardar Ayaz Sadiq - October 28, 2024,” National Assembly online, October 28, 2024, accessed October 29, 2024. https://www.na.gov.pk/en/pressrelease.php?content=101#6377. ↑
  37. “Ambassador Republic of Azerbaijan, Mr. Khazar Farhadov,” Senate of Pakistan online, October 08, 2024, accessed October 15, 2024. https://www.senate.gov.pk/en/news_content.php?id=NTcwMA==. ↑
  38. “Chairman Senate Syed Yousaf Raza Gilani in a meeting with Chinese Premier Li Qiang, in Islamabad,” Senate of Pakistan online, October 15, 2024, accessed October 17, 2024. https://www.senate.gov.pk/en/news_content.php?id=NTcwNw==. ↑
  39. “Chairman Senate, Syed Yousaf Raza Gilani in a Meeting with Dr. Charles S. Yang, Chairman of The UPF International (UN/ECOSOC) and International Association of Parliamentarians for PEACE (IAPP), in Islamabad,” Dawn online, October 27, 2024, accessed October 29, 2024. https://www.senate.gov.pk/en/news_content.php?id=NTcxMw==. ↑
  40. “Malaysian Prime Minister H.E. Dato' Seri Anwar Ibrahim met General Syed Asim Munir, NI (M), Chief of Army Staff (COAS) and discussed bilateral strategic interests, regional security, and defence cooperation,” ISPR online, October 04, 2024, accessed October 13, 2024. https://ispr.gov.pk/press-release-detail?id=6998. ↑
  41. “His Excellency Khalid Bin Abdulaziz Al Falih, Minister of Investment, Kingdom of Saudi Arabia, accompanied by a high-level government cum business delegation, met with General Syed Asim Munir, NI (M), Chief of Army Staff (COAS), at Rawalpindi,” ISPR online, October 10, 2024, accessed October 13, 2024. https://ispr.gov.pk/press-release-detail?id=7006. ↑
  42. “Chinese premier meets COAS Munir,” Dunya News online, October 14, 2024, accessed October 17, 2024. https://dunyanews.tv/en/Pakistan/844047-chinese-premier-meets-pakistan-army-chief. ↑
  43. “His Excellency Roman Golovchenko, Prime Minister of the Republic of Belarus, met General Syed Asim Munir, NI (M), Chief of Army Staff (COAS), in Islamabad today,” ISPR online, October 15, 2024, accessed October 17, 2024. https://ispr.gov.pk/press-release-detail?id=7013\. ↑
  44. “His Excellency Colonel General Alexander V. Fomin, Deputy Minister of Defence of the Russian Federation, met General Syed Asim Munir, NI (M), Chief of Army Staff (COAS) at the General Headquarters (GHQ) today,” ISPR online, October 29, 2024, accessed October 31, 2024. https://ispr.gov.pk/press-release-detail?id=7032. ↑